Saturday, May 30, 2009

UMNO has got it wrong again...no member should be suspended until he/she has been proven guilty.

If Najib is charged with corruption(or murder) - then it would he so very unfair to suspend him until the court finds him not guilty (or the charge is dropped) - and the months and maybe years of waiting for the the case to0 start and for one to be cleared of the false charges would have been sufficient time to completely kill one's political career, would it not. [It would be worse for the 'smaller' members who may not have the influence to expedite trials in court...].

Let us consider Pakatan Rakyat - if we are suspend all those that have been charged, this would include Anwar (facing a sodomy charge again), Tian Chua and many others (who are all facing some charge of 'illegal assembly' or something like that. See how long it takes for the trials to start...and end (and, mind you it is even so much more slower if you are a 'small' person - some have been waiting for their trial in remand prisons for periods longer than the prison sentence that they will get if they are found guilty - and this is why many innocent poor persons elect to plead guilty and carry out their sentence - rather than claim trial)

In Malaysia, so easily do they arrest, detain, charge persons...and little worry is placed on the infliction of unnecessary suffering on the lives, family...of them who in truth may be innocent. Sometimes, we are shocked at how flimsy and inadequate prosecution evidence is at the end of the day. The powerful also seems to be above the law...

Why should an innocent person be punished? Suspension of party membership...or suspension from holding political office...or suspension from university (studies)...or suspension from one's job before one is proven guilty and convicted by a court of law is unacceptable...

Umno will suspend the position of members who have been charged in court, Datuk Seri Najib Tun Razak said.

However, the suspension would be lifted and the position restored once the member succeeded in fighting the court charges, said the Prime Minister, who is also Umno president.

“We have agreed in principle with the management committee’s suggestion to suspend a member’s position if he is charged in court,” he said after chairing a supreme council meeting yesterday. - Star, 30/5/2009,Umno to suspend those charged in court

Remember, news that one is being investigated or even have been charged is already bad for a person, and would have in the past affected one's political career, employment, business,... even without any suspension.

I sometimes think that we have to really think about compensating persons who have at the end of the day found to be not guilty. Compensate them for the expenses they incurred, for the suffering they went to,...Compensate them even more for the number of days that they had to languish in the remand prisons (this is for the many poor who just would not have been able to post bail, and for those who were charged for offences where there was no bail..)

I recall also them students, who were suspended some years back - Their studies were definitely affected, and they were not found guilty at the end...Sorry alone is really not enough.

Rafzan Ramli and the six other students should be considered as Human Rights Defenders.

Two and a half years have passed, and Rafzan Ramli and his six other student friends are still wondering when they can get back to campus to continue their studies and graduate with degrees or diploma.

The Universities and University Colleges Act 1971 (UUCA) provides that when a student is charged with a criminal offence, he shall immediately be “suspended from being a student”. Thus these students who have been charged in court for the offence of illegal assembly are unable to continue their studies.

These seven students, after having been charged and pleaded not guilty, were subsequently suspended from their universities under the provisions of the UUCA or Educational Institutions (Discipline) Act 1976.

Rafzan and his friends are still suspended and cannot continue their studies and get their degrees or diplomas - even though the alleged criminal offence occurred more than two years ago. Their peers would have all graduated by now and moved on with their lives, possibly now working and earning decent wages. But these students are still in limbo, unsure as to whether they will ever graduate.

The so-called “illegal assembly” took place on 8 June 2001, when about 500 undergraduate students from several universities and institutions of higher learning in Malaysia came together in Kuala Lumpur to protest the Internal Security Act 1960 (a draconian piece of legislation that allows for detention without trial). They called for the repeal of this Act and for the immediate and unconditional release of all those currently detained or restricted under this repressive law. Malaysians and others around the world have been calling for the repeal of these anti-liberty laws for a long time.

Out of the 500-odd students who gathered peacefully to express their protest, Rafzan and his six student friends were arrested. On 19 July 2001, they were charged in court for participating in an illegal assembly, an offence under the Police Act, 1967. All of them pleaded not guilty and claimed trial. Today, almost two and a half years later, their trial is still not over and they remain suspended from university/college.

Absolute Discretion

According to the UUCA or Educational Institutions (Discipline) Act 1976, the Education Minister has the power to at any time, in any particular case, in his ‘absolute discretion’, to grant exemption to any person from the application of the provisions of section 15D (1) and/or (2), amongst others. This exemption can come with conditions or otherwise.

Now, even though these seven students are not prominent human rights activists, politicians or public personalities, the plight of these young human rights defenders should be a cause for concern among all justice-loving persons.

But alas, the Minister has so far not yet considered the matter, let alone exercised his discretion. In this case, Rafzan is still awaiting a reply to his letters of appeal to the Minister.

The students are not being charged for murder, assault, battery, robbery, theft, drug trafficking or any other offences against persons or property. They are being charged for participating in an assembly to express their opinion about a preventive detention law, the Internal Security Act.

More Restrictions

It is disturbing that students in Malaysian universities and institutions of higher learning suffer more limitations on their freedom and liberty than most other Malaysians. Instead of nurturing creative and critical thinking, the authorities have restricted the space for students to attain wider social concern.

Over and above the various laws and legislation that suppress freedoms and human rights in Malaysia, these students are also governed by the UUCA or Educational Institutions (Discipline) Act 1976. The shackles are many, including restrictions on freedom of association with persons or groups outside the campuses.

Of concern in this case is the unjustified additional deprivation of rights imposed on students charged with a criminal offence even before any conviction by a court of law.

Under the UUCA or the Educational Institutions (Discipline) Act 1976, students in universities or other educational Institutions who are charged with criminal offences will be suspended and, if later found guilty, they will be expelled.

Section 15D (1) of the UUCA provides that:“where a student of the University is charged with a criminal offence he shall immediately thereupon be suspended from being a student of the University and shall not during the pendency of the criminal proceedings, remain in or enter the Campus of that or any other University.”

Section 15D (2) of the UUCA provides that the said student shall immediately cease to be a student if found guilty. By implication, if the student is found not guilty, then he or she would presumably be able to continue studying.

Where Is The Equality?

The established legal principle of “presumption of innocence until proven guilty” seems to have been overlooked when it comes to university students. Normally, when people are charged in court, they can claim trial and be released on bail. They can then go back to work and resume normal life. They would only be required to serve the sentence upon conviction and sentencing.

But when it comes to university students, they are immediately suspended. If they are later found guilty, they would not only be expected to serve the sentence imposed by the court but would also be expelled.

Where then is the equality under the law guaranteed to all persons by our Federal Constitution? Where then is the promise that there shall be no discrimination as stipulated in the Federal Constitution? Those who fail to enter local universities and educational institutions enjoy so much more freedom and liberty than the students in these institutions. They can associate with whomever they want. They can join political parties, contest general elections and even have the chance to become Prime Minister.

We must realize that we are talking about students here, the hopes of their parents and the nation. To deprive them of higher education at the diploma and degree levels is a gross injustice. We are talking here about the right to education and their future. To suspend them indefinitely merely because they have been charged with an offence is very sad.

Human Rights Defenders

Rafzan Ramli and the six other students should be considered as Human Rights Defenders. It must not be forgotten that Malaysia is part of the United Nations. The UN General Assembly on 9 December 1998 through resolution 53/144 adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms (now commonly referred to as the Human Rights Defenders’ Declaration).

I believe that the ‘suspensions’ of Rafzan and his six friends go against the principles and the very essence of this Declaration. Now, even though these seven students are not prominent human rights activists, politicians or public personalities, the plight of these young human rights defenders should be a cause for concern among all justice-loving persons.

I am not asking for their charges to be dropped, although that too will be good as they have suffered enough. What I am asking is for their suspension to be immediately revoked so that they can go back to their universities or educational institutions and finish their degree and diploma courses. In fact, in the worse case scenario, even if they are found guilty and sentenced to prison, their sentence should be suspended until they have completed their studies.

A note to the Education Minister:

Think of these students as your children, dear Minister, and allow them to immediately continue their studies in their respective universities and academic institutions so that they can get their degrees or diplomas. In an employment market that places high regard on paper qualifications, their continued suspension is manifestedly unfair. As the Education Minister, you should be projecting more care and compassion for Rafzan and his six friends. To ignore the students’ letters of appeal and to allow them to suffer indefinitely doesn’t reflect well on you.

In Malaysia, public servants also get suspended when they get charged in court, and the suspension is usually with half-pay, and there will also be a freeze of entitlements and other benefits. DBKL also practices something similar. For the poorer persons, suspension with HALF pay is really torture. [Even, if there is to be suspension, it must be with full pay].

Remember that all this 'suspension' are happening to persons who have not pleaded guilty...or have not been found guilty by a court. In Malaysia, all things are possible - including maybe getting someone to be charged falsely, and keeping him in that state for as long as possible...

All of us must be bound by the principle of presumption of innocence until proven guilty

We have to repeal all laws that go against this principle of presumption of innocence until proven guilty.

No one should be suspended if he is arrested, charged or being tried of an offence. If there is going to be any suspension from your political party, jobs...

The State should also compensate those who have been found not guilty, especially those who had been detained.

Friday, May 29, 2009

Tell me whether they are documented workers (or undocumented workers) - tell me who their employer is... [Why is the name of their employer not being reported in the media? Is he connected to powerful persons? Did the employer cut corners to save money - and was this the cause of this accident?]

Tell me whether the Majlis Bandaraya Petaling Jaya (MBPJ) was doing their job to ensure that the demolition work was done with the adequate safety equipments...and in a safe manner. (The MBPJ headquarters is only about 2 kilometers from the accident site...)

Tell me whether the Occupational Health and Safety officers had visited the site before the collapse and ensured that the required Occupational Health and Safety standards were met - or are they only NOW coming there..

Are these workers under the Workmen's Compensation Scheme - do they have the required additional insurance as required by Workmen's Compensation (Foreign Workers' Compensation Scheme)(Insurance) Order 2005.

The dead worker, under Workmen's Compensation (sec.8) would get RM18,000 or sixty months wages, whichever is less. [But there is this odd proviso in section 8, that says that if the deceased did not leave any dependents, then only amount for the funeral or RM1,ooo, whichever is less - really odd]

Under the insurance, for death he also gets..."....a sum of seven thousand ringgit in the event of death of a workman from personal injury sustained in an accident which arises out of and in the course of his employment..."

Therefore, the family and dependents of the dead migrant worker will get RM18K + RM7K = RM25K [Is this JUST - I think not...and believe that this figure needs to subtantially be increased taking into account the increased cost of living (and inflation)] What about the expenses of family members coming over, cost of getting the body transported back for burial, etc...

What if these are undocumented workers? What will their dependents and family get...?

Search and rescue personnel have uncovered the remains of the fourth victim from the rubble of the collapsed Jaya Supermarket building in Petaling Jaya this afternoon.

MCPX

At about 3am, the body of the third victim was discovered.

The three were among nine workers who were trapped when the five-storey building collapsed after demolition works went awry yesterday evening.

Two of the workers, all of whom are believed to be Indonesian nationals, are currently undergoing treatment at the Universiti Malaya Medical Centre.

Yesterday, Petaling Jaya district police chief Arjunaidi Mohamad said all nine victims were on the ground floor at the time of the incident.

He added that firemen used a skylift to assess the safety level of the affected building before the search and rescue team could enter it.

Meanwhile, Deputy Housing and Local Government Minister Lajim Ukin said initial investigation indicated that the structure might have collapsed due to overloading as heavy machinery were used in the demolition work. - Malaysiakini, 29/5/2009, Stop-work order issued as death toll rises

RM25 K may really not be sufficient for the family/dependents to pay off the debts incurred in coming over to Malaysia - all that agent fees, etc...

The recent ABC news report, again re-affirms SUHAKAM's statement that "...medical care as an overriding reason why 1,300 detainees have died over the past six years..." It was also clarified "...that the 1,300 deaths notified to parliament covered not only immigration detention centres but prisons and police lock-ups..."

Well, PAS seem to have been very clear that Muslims do not have the exclusive right to use that word "Allah" - of course, Christians can use this word.

PKR also took a similar position...

So, it was only UMNO-led BN that was taking that very odd position that the word 'Allah" and certain other Arabic/Malay words were only for the exclusive usage of Muslims. [To the best of my knowledge, no other Muslim majority country have any problem with the usage of the said words by anyone]

I was shocked to see that our PAKATAN RAKYAT States of Selangor, Kedah, Kelantan (and also Perak) has this Control and Restriction of the Propagation of non-Islamic Religious Enactment, which has this provision that makes it "...an offence for non-Muslims to use the word “Allah” to refer to any God other than the Muslim God..."

If Pakatan Rakyat is different, then immediately there must be a statement that a Bill is being drafted and will be tabled at the next State Legislative Assembly sitting, which will cause to repeal those provisions that prevents Christians and other from using the word Allah, and those other words.

Christians have been using the word Allah in our churches, our prayers and our religious books for a very very long time.

How many Gods are there? I believe that there is one - and many others believe that there is one, and we call him Allah. We also call that one God other names - but it is that same God that we are refering to.

Now these State Enactmnents puts forward the proposition that there is more than one God - i.e. there is that Muslim God...and, as such logically, it follows that there are other Gods - the Christian God, the Sikh God, etc... I cannot accept this. I believe that the one and only God also will not accept this. Muslims believe that God is Allah - so why do they want others not call God, Allah

All this is really politics - a desparate attempt by UMNO to regain support from Muslims and Malays. It is to show that UMNO is more 'islamic' than PAS and/or PKR..., is it not.

Remember, that all you need to enact new laws, repeal bad laws (or provisions in laws) is a simple majority - so, there really is nothing stoping the PR majority states from immediately making a statement that they will be amending the state enactments to ensure that their position is reflected - i.e. Muslims do not have the exclusive right of usage of words like Allah, etc...

I worry where the UMNO-led BN is going - soon they may start saying that Bahasa Melayu cannot be used in worship, prayer and religious books...

The Catholic Church failed in its bid to get permission to use the word “Allah” while its suit to overturn the government ban is still being heard in the High Court.

Reverend Father Lawrence Andrew

The High Court here said the Catholic Church must wait until it decides conclusively on whether it is allowed to use “Allah” to refer to the Christian God.

“This means don’t use ‘Allah’ until the court decides,” said church lawyer S. Selvarajah.

Reverend Father Lawrence Andrew who edits the Catholic newspaper, The Herald, visibly drooped when he heard the news.

The editor-priest had seemed in high spirits earlier and was confident the High Court would allow the church to use the word “Allah” for the time being. He had smiled frequently while speaking with reporters earlier.

Judge Lau Bee Lan set July 7 for the next hearing after dismissing the church’s request to stay the government ban, lawyers for both the church and the state told reporters this afternoon.

The arguments were carried out in the judge’s chambers instead of in open court.

If the High Court allowed the church to use “Allah” in a non-Muslim context, it would be helping the church commit an offence under state laws, a lawyer for the government explained to The Malaysian Insider.

According to a lawyer representing several state Islamic religious councils, it is an offence for non-Muslims to use the word “Allah” to refer to any God other than the Muslim God.

Abdul Rahim Sinwan referred to the Control and Restriction of the Propagation of non-Islamic Religious Enactment that was passed into law by 10 states in 1988.

The Catholic Church is suing the Home minister to overturn the Home minister’s ban.

The lawsuit stems from the government’s assertion that “Allah” should strictly refer to the Muslim God in Malaysia. This is a view that the Catholic Church has been challenging.

The word “Allah”, the church argues, does not belong only to the Muslims.

The Herald is published in four languages, including the national language Bahasa Malaysia (BM), which caters to the indigenous Malaysians from Sabah and Sarawak, who are mostly Christians.

Archbishop of Kuala Lumpur Reverend Tan Sri Murphy Pakiam filed the suit on February 16 to get a declaration from the courts that the church has the right to use the word in print and in church services.

The Home ministry, which issues the annual printing permit for all publications, had warned the church to stop using the word.

Datuk Seri Syed Hamid Albar, who headed the ministry then, claimed the church’s use of the word “Allah” in any literature published in BM would confuse Muslims, who make up the biggest religious group in the country.

Unless these provisions in the various State Enactments are repealed - or are declared wrong by the court, I wonder what a victory at the courts will really achieve..

Would Herald and its publishers, still be committing an offence in the States ofSelangor, Malacca, Perak, Terengganu, Kelantan, Kedah, Pahang, Negri Sembilan, Johor and Perlis even if they succeed in their current Court action?

Why did the Judge disallow the application of the church for permission to use the word “Allah” while its suit to overturn the government ban is still being heard in the High Court? We really do not know - until the Judge writes a judgment. The reports are not clear for us to even guess the reasons...or it it?

Thursday, May 28, 2009

Many may not know why Japan suddenly attacked the US at Pearl Harbour and got involved in World War II?

The reason was simply because of US initiated actions - sanctions ...and seeking to cut Japan's fuel supply...

USA leading an international movement to isolate Japan economically and thus force them to withdraw from China. Primarily the USA plan was to cut off credit to the Japanese which would prevent them from being able to purchase petroleum. Japan received petroleum (an absolutely vital economic and military commodity, then as it is now) from three sources: The USA, Dutch east indies (Indonesia) and Burma (British controlled in the 1940's). The USA inspired movement included all three sources.

Japan could/would not accept a withdrawal from the Chinese war and instead began planning a first strike against the USA navy. Eliminating or reducing the USA naval forces in the Pacific would make the Japanese navy paramount, and thus Japan would be able to defeat the economic consequences of the USA ultimatum. After eliminating the USA navy Japan planned to occupy the Dutch East Indies and Burma, thus gaining control of enough oil to run their military and economy.

The strike on Pearl Harbor did exactly as hoped by the Japanese. The USA fleet was crippled. The Dutch lacked forces to repel the Japanese. The British navy (as ordered by Churchill) sent forces to defend their areas but these were totally inadequate for the job and were decimated quickly. Japan occupied all the oil producing areas and settled down to a war of attrition against the USA, which they hoped would wear down the USA politically and enable them to keep their conquests.

Now, I wonder about the actions of North Korea....and again, this may really be an act of a desparate party...

Does the US want the Korean 'problem' to be resolved? I think not - for whenever things are OK, the US does something to escalate the problem...

Why? Maybe, it is good to de-stabilize that region - hence North Korea's neighbours - who are economic and possibly political threats to the USA. We are, of course talking about China, Japan and South Korea...

Similarly, that whole war against Iraq, Afghanistan, etc - was a means of destabilizing the EU. Just before that 'Iraq War', there was talk among many nations about changing their international trading currency from the US Dollar to the Euro...Of course, UK jumped in with the US, because the once 'leader' of the European Community of Nations was no more.

The risk of war on the Korean peninsula remains high, and the U.S. government is raising it higher by opening an economic front. In September 2005, one day after regional negotiations produced an agreement with the potential to defuse North Korean-U.S. tensions, the U.S. government charged North Korea with counterfeiting $100 bills. Calling this alleged North Korean effort a direct attack on U.S. sovereignty and technically an act of war, Washington imposed an ever-tightening and ever-widening web of financial restrictions on the country. This economic campaign, which broadened and intensified after Pyongyang's missile launches in July and nuclear test in October 2006, is the latest attempt to isolate and weaken the Democratic People's Republic of Korea (DPRK). The charges fit a pattern of actions that have repeatedly disrupted promising movements toward peace on the Korean peninsula. In the latest round of Six- Party Talks, held in December, the restrictions proved to be the biggest obstacle in the path of reaching an agreement. Tensions generated by the restrictions are exacerbating tensions in East Asia and placing heavy additional pressures on Koreans, especially in the North. Washington's economic gambit, launched in 2005 and strengthened by UN sanctions in 2006, raises questions of timing, threat escalation, morality, and efficacy. With no further multilateral talks currently planned, the hard-line economic approach toward North Korea has been a counterproductive detour from the pressing issues of denuclearization and diplomatic normalization. The restrictions and sanctions, far from bringing North Korea back to the negotiating table, have become instead the main stumbling block in the negotiations. Presented as an alternative to military approaches to regime change, the economic campaign proved counterproductive when the DPRK responded with its missile and nuclear tests. Finally, this economic approach undermines North Korean efforts at reforms and opening, the very process that many argue needs to be supported on moral, as well as strategic, grounds. -Sanctions and the Road to War in Korea,By Martin Hart-Landsberg and John Feffer, 18/1/2007

Similarly, the sudden new 'demonizing' now of Iran by the US (and also Israel)...{After all, Iraq and Afghanistan have been colonized...Palestine is in control...}

US has always wanted every nation to be their cronnies, and always wanted pro-US persons to be in government. We have seen US interference in Latin America...and the rest of the world. If a country is independent and not pro-US, then they will be isolated and persecuted, and one such country has been Cuba...and now maybe Venezuela. (In Latin America, the US cronies are losing out to new leaders who are stronger and more independent.)

Realize that media and sources of information are controlled by the US - and hence the truth that we get many a time is the truth according to the US (and its cronies), and hence Malaysians, including the media here, must be more hard-working to get to the truth. Report the viewpoints of both sides...

US is smart - they pressure...and pressure....and pressure until you 'explode' and then blame you.

North Korea - is yet another Asian country that 'defeated' US, just like Vietnam....and so, it may also 'ego' that may be operating here...

Just a few years ago, there was much hope for unification of both Koreas - and serious analysis may show that it was US that broke down this attempt.

How can you even be talking about health of candidates being a consideration? Any person shall have the right to stand for election - and the right to be elected..

The attitude of the Election Commission towards death of elected representative is shocking. They should be sad - express condolence - not complain about having to work again and spend more money conducting another by-election.

Come on, the Election Commission is supposed to be in charge of conducting all elections - including elections for Senators, and Local Council Elections [which today, have been kept on hold by law]. Hence, the only Elections that they do conduct is the Parliamentary Elections and the State Legislative Elections. So, what is the Election Commission lamenting about....show some respect to the dead.

What do they want? Medical Examination and Certificates of Good Healths, just like those required for Migrant Workers before they are permitted entry to Malaysia, for all candidates who want to offer themselves for elections - this is crap... [I am of the opinion that mandatory Medical Examination and Certificates of Good Healths for migrant workers should also be scrapped.]

They complain about the RM400,000 that have to be expended for a by-elections. I would like to see how they spend that money. [The Malaysian Bar for its EGM used to spend about RM50K to RM70K - and now they spend less than RM10K]. The point is that the sum is not that excessive, and money should never be a justification to prevent the holding of elections. The point is that we can reduce the expense - if the SPR changes its ways and stop having KFC.

KFC - what is the Election Commission talking about? They should be eating at the local food outlets.

And this afternoon, in a hope to prevent more by-elections, Abdul Aziz pleaded with political parties to field candidates of sound health.

Acknowledging that accidents cannot be prevented, he however quipped: "I hope that there will be no more deaths of elected representatives."

"We never question deaths, we never go to their houses (the deceased politicians) to check or ask their families whether they are really dead," he added.

Responding to a question, Abdul Aziz said compulsory medical check-ups were not required under the Election Act.

Last Sunday, Fr Jean Claude informed church-goers in Mentakab's Our Lady of Perpetual Help that the police asked him question about him and his family...

They wanted to know about his father, what he did...blah...blah

They asked about his mother's citizenship..

About his siblings...

About him...and his personal history...

They wanted to know about his 'criminal record'...

Again, politely, it was indicated that this was done only because 'the TOP' had given the orders...

Well, I wonder why?

I see it as pure police intimidation...

The police, I believe is the pawn, that is being used by some other knowingly or unknowingly,

The issue :- Over 83 year old Christian Catholic chapel situated in Lot 2 (maybe less than 1 acre), whereby the the Lot 1 on the top (where the Church Kindergarten in) and the Lot 3 at the bottom (where is partly now used by the road that goes into the Kampung Baru Cina [ Chinese New Village}] already belong to the Church since the 30s.

The Church sits beside the Chinese New Village [these are them 'detention centres' which now are called villages - the Chinese were amassed by the government and forced to stay in these places, as a means of combatting the so-called Communist threat...]

"New villages" were created in the early 1950s in Malaya to relocate some half a million rural Chinese as part of the counter-offensive against communist insurgency.

"New Village" was considered as something like detention camps, miserable isolation and surveillance of Chinese squatters. - http://ci.nii.ac.jp/naid/110004836797/en

The plan aimed to defeat the communists, who were operating out of rural areas as a guerrilla army, primarily by cutting them off from their sources of support amongst the population. To this end, a massive program of forced resettlement of Malayan peasantry was undertaken, under which about 500,000 people (roughly ten percent of Malaya's population) were eventually removed from the land and housed in guarded camps called "New Villages".

By isolating this population in the "new villages", the British were able to stem the critical flow of material, information, and recruits from peasant to guerilla. The new settlements were given around the clock police supervision and were partially fortified. This served the twofold purpose of preventing those who were so inclined from getting out and voluntarily aiding the guerrilla, and of preventing the guerrilla from getting in and extracting help via persuasion or intimidation. The British also tried to win the hearts of the new settlers by providing them with education, health services and homes with water and electricity.

The settlements were very effective in accomplishing their stated goal, preventing insurgents from gaining popular support in a way that could have turned the tide against communist insurgents in Vietnam or China. Upon completion of the resettlement program, the British initiated the Hunger Drive in effort to flush out the Communists from the jungle.

Removing a population that might be sympathetic to guerrillas was a counter insurgency technique which the British had used before, notably against the Boer Commandos in the Second Boer War (1899-1902).

Population

During the Malayan Emergency, 440 new settlements were created and it is estimated that 470,509 people - 400,000 Chinese - were involved in the resettlement program. The Malaysian Chinese Association, then the Malayan Chinese Association, played a crucial role in implementing the program.

It is estimated that today, about 1.2 million people live in 452 New Villages throughout Peninsular Malaysia. About 85% of the population in New Villages are ethnically Chinese. The ethnic Malays take up about 10% and ethnic Indians roughly 5%. - Wikipedia

The Church had a lease on the Lot 2, where the Church existed...until it was not renewed. [For 10 years after the lease expired, apparently the government continued to collect payment ...] . The Church was allowed to continue to exist in the land for all this time...(and mind you, the land was always seen as Church land, and should be made Church land...).

Beside the church, there are town council built food stalls...some say the plan is to extend this building (after the church is destroyed) so that there will be more food stalls...

The Church continued to apply for a new lease...for the land all this while... [But alas, the UMNO-led BN chose not to do the reasonable thing and give them their church...]. Repeated request to be able to renovate and upgrade the church has also been turned down by the authorities..

Now, there is a letter asking them to vacate the land by mid-year 2009...

WHY? Triang is not a town that is suffering from land shortage..

This attempt to destroy is so illogical...and unreasonable..

'There is a project (some big project) which had been given to some 'connected-persons' and it involves the land that the church is on' - this is what some have said. Then, if so, maybe the Malaysian Anti Corruption Commission should really investigate - for this whole thing that involves the destruction of a 83-year old chapel really smells of some corruption and/or other hanky-panky... MACC should investigate now and expose this corruption..

With regard to the giving of land - The 1st people that the government should consider giving is the users and/or occupiers of the land.

Farmers who have been farming the land should be allocated/given that State land..

If there are churches, temples, kuils, suraus, etc .. or burial grounds, then the land must be given the respective religious community..

If there had been homes, then the land should be given to these people...

Land belonging to the state should be given to the landless - Every Malaysian who does not have land should be given land...

Sadly, today it is the rich and 'well-connected', who still are given State land - and this is a great abuse of power and is unjust...

Thus, it makes sense for the State Government to immediately withdraw their threat to destroy this little church in Triang...AND immediately give that land to that church..(after all, we are talking about land that is about 1 Acre..)

Wednesday, May 27, 2009

The call for better healthcare at detention places in Malaysia - healthcare that will sufficiently ensure that no more persons will fall ill and/or die of Leptospirosis (caused by water contaminated with animal urine) or any other such diseases...

On 23/5/2009 - 113 organisations/groups from all around the world. issued a Joint Statement. The statement and complaint was submitted to SUHAKAM on 25/5/2009. The said joint statement has also been sent to Malaysia's Prime Minister, Minister of Health, Minister of Home Affairs (being that Minister responsible for Immigration Department, Police,Rela ...and that Detention Centre where the deaths occured..). At present, 123 groups have endorsed that statement. [See earlier post:-10 more join 113 in global concern about healthcare in Malaysia's detention places - 2 deaths Leptospirosis ]

Now on 27/5/2009, 32 Malaysian NGOs have submitted a Memorandum (see below). to SUHAKAM. This was an initiative of SUARAM and Health Equity Initiatives (HEI)...

Memorandum to SUHAKAM on Poor Conditions of Immigration Detention Centres Contributing to the Outbreak of Leptospirosis

Background

On 12 May 2009, a 21 year old asylum seeker from Burma, Thang Hoih Piang, died of Leptospirosis and on 17 May 2009, a 26 year old asylum seeker also from Burma, Sa La Hin, suffered the same fate. They were both detained in Juru Immigration Detention Centre where they were infected by the disease. At the moment, 7 detainees are still said to be warded[1].

According to his family members, Thang Hoih Piang was a refugee who fled Burma due to forced labour by the Burmese military. He arrived in Malaysia in November 2005 with the hope of finding a better life. Following his death, on 15 May 2009 his family members and friends went to Hospital Besar Bukit Mertajam where he had been warded and died, in order to collect his body, to perform the burial rites according to their religion and customs.They had a letter from United Nations High Commissioner of Refugees (UNHCR) stating that Thang Hoih Piang was a Person of Concern to UNHCR. However, they were informed that the body had already been cremated.The family members were unable to bring back the ashes because the crematorium was awaiting a letter from the Ministry of Health.When the family approached the mortuary of the hospital for a death certificate they were informed that a death certificate could not be issued because Thang Hoih Piang was undocumented and did not have a passport.

Thang Hoih Piang was among the 90 refugees and asylum seekers who were arrested in a raid at Wangsa Permai, Kepong on 4 November 2008. In the same raid, three pregnant women were also arrested, one of whom delivered her child during her detention. Another 30 asylum seekers and refugees with whose families we have contact and who were arrested during the same raid are still languishing in different detention centres nationwide.

Leptospirosis is a bacterial infection which humans acquire from animals through contact with water, food, or soil contaminated by urine from infected animals like rats, mice and dogs, by swallowing contaminated food or water or through skin contact[2]. According to The Star[3], mortality rates for Leptospirosis range from 5-40% depending on the patient’s general health and patients with previous good health records will make full recovery. The report also stated that infection can be treated with antibiotics.According to the Centres for Disease Control and Prevention (CDC), if untreated, the patient could develop kidney damage, meningitis, liver failure, and respiratory distress while death occurs in rare cases.

Since his arrest on 04 November 2008, Thang Hoih Piang was in State custody, first being detained at Putrajaya and later being moved to Kajang Prison to Semenyih Detention Centre and finally to Juru Detention Centre.As such, the government of Malaysia is accountable for the health and death of Thang Hoih Piang during his period of detention, as well as of the death of Sa La Hin and the health of the other detainees who are currently ill and hospitalized for Leptospirosis.

Civil society groups have repeatedly highlighted the poor conditions of immigration detention centres which include overcrowding, poor sanitation, insufficient provision of food and water, and inadequate access to necessary medical and health services (including emergency care, treatment for infectious diseases and maternal health services)[4]. A joint report by SUARAM and the International Federation of Human Rights (FIDH)[5] cites depression, Tuberculosis, beri-beri, kidney problems and skin infections as medical problems suffered by detainees and reiterates poor detention conditions and inadequate medical care as exacerbating factors for the transmission of communicable diseases.

In 2008, following the fire at Lenggeng Immigration Detention Centre, the Human Rights Committee, Ad Hoc Immigration Subcommittee of the Bar Council, Suara Rakyat Malaysia (SUARAM), and Tenaganita raised the problems of severe overcrowding, unhygienic living conditions, prolonged and indefinite detention, outbreak of diseases, no access to medical treatment, and mistreatment of detainees by immigration and RELA officers, in a Memorandum to SUHAKAM.

Deaths in immigration detention centres are not uncommon. It was reported on 24 March 2009 that the then Home Minister Datuk Seri Syed Hamid Albar, in a written reply to a parliament question, stated a total of 2,571 deaths of detainees in prisons, rehabilitation centres and immigration detention centres between 1999 and 2008[6]. Causes of deaths were attributed to fights, suicides and illnesses such as HIV/AIDS, septicaemia, tuberculosis, cancer, heart and blood diseases, and asthma. In the month of April 2009, two deaths were reported in the press, following which we released a statement to express our concerns[7]. Regrettably, the current outbreak of Leptospirosis leading to the death of two detainees does not reflect that adequate steps had been taken to improve conditions in immigration detention centres and increase access of detainees to medical care in order to reduce and prevent future deaths in places of detention, in spite of the alarming figures presented in Parliament.

Areas of Concern

The recent deaths at Juru Immigration Detention Centre reflect poor conditions of detention. Urgent reforms and welfare measures must be initiated to avoid such incidents in the future.

We welcome the actions of the Ministry of Health which has shown openness in disclosing the outbreak of Leptospirosis, providing updates, and taking steps to investigate its causes. There is also ongoing cooperation between the Immigration Department and the Ministry of Health to contain the problem.This does not however absolve the agencies involved in the management of immigration detention centres from responsibility in relation to the outbreaks and the consequent deaths that occurred. Given the heightened duty and capacity of the State with regard to the right to life in a custodial setting, the government of Malaysia has a strong obligation to publicly account for the deaths of Thang Hoih Piang and Sa La Hin

We also note with regret that SUHAKAM has, over the years, failed to exhaust the scope of its mandate with regard to addressing the human rights violations experienced by non-citizens (in particular migrant workers, refugees and stateless persons).

SUHAKAM is mandated under Act 597 to exercise functions and powers in furtherance of the protection and promotion of human rights in the country, which include, human rights education and awareness raising, provision of advise and recommendations to Government in regard to legislation and administrative directives and procedures, and, recommendation to Government on subscription or accession of treaties and other international instruments in the field of human rights.Article 4(2)(1) of the Suhakam Act under 'Function and powers of the Commission' gives powers to Suhakam "to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations" .

SUHAKAM has generally responded to complaints regarding migrant workers and refugees through seeking clarification from the parties alleged to have violated human rights, the conduct of dialogues and site visits, and monitoring of activities in relation to complaints received. Visits to detention centres have been accompanied by human rights awareness workshops that were organized for RELA and other government agencies though the sustainability and institutionalizatio n of these awareness raising initiatives are unclear[8].

However, out of the 51 official press statements made by SUHAKAM from 2007 to date, the only statement pertaining to non citizens was a protest against Malaysia being placed in Tier 3 in the Trafficking in Persons Report by the U.S. government[9], as rights groups, refugees and the US government continue to produce overwhelming evidence on the phenomenon.

SUHAKAM’s position on the right to health of non-citizens, both documented and undocumented, has yet to be made the subject of any unambiguous statements[10].

In 2006, SUHAKAM conducted public inquiries on deaths in custody and police brutality during public protests. Yet, despite media reports on and complaints (including memoranda) received by it alleging infringement of human rights of migrant workers, as well as admission by individual commissioners of alarming rates of deaths of individuals held in places of detention, SUHAKAM has yet to conduct a public inquiry into these infringements on human rights. SUHAKAM’s reports do not make clear how Commissioners reach decisions regarding public inquiries during their monthly meetings[11].SUHAKAM needs to clarify the reasons for its differential response to the human rights violations experienced by citizens and non-citizens.

SUHAKAM must view the seriousness of the Leptospirosis outbreak in Juru Detention Centre with concern and act independently to ensure that justice is done for detainees. SUHAKAM must make the parties responsible for both the outbreak of Leptospirosis in the Juru detention centre and the general deterioration of conditions in detention centres across the country (which include the absence of a doctor and medical personnel stationed in detention centres) accountable. Overall, there have been an unacceptably high number of deaths of detainees in detention centres.

The following issues and allegations need urgent attention from SUHAKAM:

1.The alleged poor conditions and poor administration of Immigration Detention Centres with little or no respect to detainees and their right to life.This includes, inter alia,

a.Overcrowding of detention centres, including severe and chronic overcrowding in some facilities, poor sanitation[12]

b.Inadequate availability of hygienic and nutritious food

c.Absence of a full time doctor and health personnel in Immigration Detention Centres

d.Increase in abuse of power, violence and corruption since the taking over of Immigration Detention Centres by RELA[13]

e.The failure of the State in its duty of care towards individuals in its custody

2.The continued arrest of refugees and asylum seekers despite recommendations by the Committee on the Elimination of All Forms of Discrimination Against Women[14] and the Committee on the Rights of the Child[15] for Malaysia to adopt laws and regulations concerning the status of asylum seekers and refugees, in line with international standards to ensure their protection

a.Many asylum seekers, refugees, stateless persons and undocumented migrants are detained for long and indefinite periods in detention centres, while awaiting resettlement or deportation to the border. Thang Hoih Ping and several of his friends who were arrested on 04 November 2009 at Wangsa Permai were detained for more than 6 months

b.With respect to the persons of concern to the UNHCR, we recommend that the Government cooperates with the UNHCR for the release of such persons. The UNHCR should be allowed full access to all asylum seekers and refugees in detention centres and prisons in order to determine their status and assess their protection needs.

Urgent Recommendations

In line with these serious concerns, we call on SUHAKAM to:

1.Conduct immediately an independent and open public inquiry into the incident of the outbreak of Leptospirosis at Juru Immigration Detention Centre that has led to the deaths of two detainees and to make public the findings of the inquiry

2.Upon conclusion of the inquiry, consider and where applicable, pursue the issue of compensation to the families of the deceased Thang Hoih Piang and Sa La Hin with the government of Malaysia, including compensation of costs of burial and last rites

3.Conduct comprehensive and independent investigations on all cases of deaths in detention centres, with full public disclosure of the names, nationalities and causes of deaths

4.Fulfil its mandate to monitor detention conditions by initiating regular visits to detention centres, and to safeguard the rights of women and children in detention in accordance with recommendations by the Committee on the Elimination of Discrimination Against Women and the Committee on the Rights of the Child

5.Use its advisory and recommendatory powers to make appropriate recommendations to the Government in relation to improving detention conditions, and to monitor the implementation of these recommendations

7.Form a Sub-Committee on Monitoring Places of Detention which include civil society organisations, migrant and refugee groups, and relevant stakeholders in order to improve detention conditions

8.Press the Government to cease the rampant raids and arrests of refugees and asylum seekers, and to release all recognised refugees, asylum seekers and persons of concern

9.Urge the Government to ensure comprehensive registration of all asylum seekers, refugees and stateless persons and recommending cooperation with UNHCR in relation to the granting of access to all detainees who seek its assistance

10.Advise the government to set up permanent clinics at immigration detention centres, under the purview of the Ministry of Health.The clinics should be equipped with a full time medical doctor and male and female medical assistants and with adequate facilities to be able to address first line treatment needs of detainees and make referrals for medical emergencies and second line treatment.

[6] The Star (2009) ‘2571 detainees died in past nine years’, 24 March

[7] Migration Working Group (2009) ‘Deaths and Conditions of Detention of Migrants and Refugees’, 24 April.

[8]Jakarta Process (2008) ‘Traversing spaces of power. The role of national human rights institutions in the protection and promotion of human rights of migrants with irregular status and migrant domestic workers’, draft version.

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